# C_2007297EN.01000901.xml

| 8.12.2007 | EN | Official Journal of the European Union | C 297/9 |
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8.12.2007

EN

Official Journal of the European Union

C 297/9

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Judgment of the Court (Third Chamber) of 11 October 2007 (reference for a preliminary ruling from the Högsta domstolen — Sweden) — Freeport plc v Olle Arnoldsson

(Case C-98/06) (1)

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(Regulation (EC) No 44/2001 - Article 6(1) - Special jurisdiction - More than one defendant - Legal bases of the actions - Abuse - Likelihood of success of an action brought in the courts for the place where one of the defendants is domiciled)

(2007/C 297/12)

Language of the case: Swedish

Referring court

Högsta domstolen

Parties to the main proceedings

Applicant: Freeport plc

Applicant:

Defendant: Olle Arnoldsson

Defendant:

Re:

Interpretation of Article 6(1) of Council Regulation (EC) No 44/2001 of 22 December 2000 on jurisdiction and the recognition and enforcement of judgments in civil and commercial matters (OJ 2001 L 12, p. 1 — Special jurisdiction — More than one defendant — Actions brought simultaneously concerning an obligation of payment against a legal person before the court in a country where that legal person is established and against the person, established in the territory of another Member State, who undertook that obligation without being the agent or representative of the person in question — Contractual nature of actions

Operative part of the judgment

| 1. | Article 6(1) of Council Regulation (EC) No 44/2001 of 22 December 2000 on jurisdiction and the recognition and enforcement of judgments in civil and commercial matters is to be interpreted as meaning that the fact that claims brought against a number of defendants have different legal bases does not preclude application of that provision. |
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1.

Article 6(1) of Council Regulation (EC) No 44/2001 of 22 December 2000 on jurisdiction and the recognition and enforcement of judgments in civil and commercial matters is to be interpreted as meaning that the fact that claims brought against a number of defendants have different legal bases does not preclude application of that provision.

| 2. | Article 6(1) of Regulation No 44/2001 applies where claims brought against different defendants are connected when the proceedings are instituted, that is to say, where it is expedient to hear and determine them together to avoid the risk of irreconcilable judgments resulting from separate proceedings, without there being any further need to establish separately that the claims were not brought with the sole object of ousting the jurisdiction of the courts of the Member State where one of the defendants is domiciled. |
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2.

Article 6(1) of Regulation No 44/2001 applies where claims brought against different defendants are connected when the proceedings are instituted, that is to say, where it is expedient to hear and determine them together to avoid the risk of irreconcilable judgments resulting from separate proceedings, without there being any further need to establish separately that the claims were not brought with the sole object of ousting the jurisdiction of the courts of the Member State where one of the defendants is domiciled.

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(1)  OJ C 86, 8.4.2006.

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